79R2548 PAM-D
By: Shapiro S.B. No. 1391
A BILL TO BE ENTITLED
AN ACT
relating to reporting requirements for public primary and secondary
schools relating to funding of certain programs for students at
risk of dropping out of school.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 7, Education Code, is
amended by adding Section 7.011 to read as follows:
Sec. 7.011. STATEWIDE FUNDS MANAGEMENT INFORMATION SYSTEM
FOR AT-RISK STUDENT SERVICES. (a) In this section, "student at
risk of dropping out of school" has the meaning described by Section
29.081.
(b) The agency shall develop a management information
system for funds awarded and allocated to school districts and
open-enrollment charter schools for the purpose of providing
services to students at risk of dropping out of school.
(c) The funds management information system must produce
complete, accurate, and timely reports for agency officials and
policy makers. The reports must provide information on funding for
services for students at risk of dropping out of school, statewide
and aggregated by school district, including the following
information:
(1) the amount of an award;
(2) the beginning and ending period of a grant or
award;
(3) expenditures related to an award; and
(4) any amount of an award that was not distributed or
was returned because of a school district's failure to comply with
grant conditions.
(d) The commissioner shall adopt rules as necessary to
administer this section. The rules adopted under this subsection
must ensure that:
(1) the funds management information system includes:
(A) the information described by Subsection (c)
for all funding sources for services described by Section 29.092
for students at risk of dropping out of school, excluding funding
information relating to a compensatory, intensive, or accelerated
instruction program under Section 29.081, a disciplinary
alternative education program established under Section 37.008, or
a program eligible under Title I of the Elementary and Secondary
Education Act of 1965, as provided by Pub. L. No. 103-382; and
(B) all state funds and federal pass-through
funds targeting students at risk of dropping out of school;
(2) the system is compatible with and is regularly
reconciled with the agency's central accounting system; and
(3) aggregate funding information is readily
available to agency personnel and policy makers, including
aggregate funding information relating to a compensatory,
intensive, or accelerated instruction program under Section
29.081, a disciplinary alternative education program established
under Section 37.008, or a program eligible under Title I of the
Elementary and Secondary Education Act of 1965, as provided by Pub.
L. No. 103-382.
SECTION 2. Section 28.006(j), Education Code, is amended to
read as follows:
(j) No more than 15 percent of the funds certified by the
commissioner under Subsection (i) may be spent on indirect costs.
The commissioner shall evaluate the programs that fail to meet the
standard of performance under Section 39.051(b)(9) [39.051(b)(7)]
and may implement sanctions under Subchapter G, Chapter 39. The
commissioner may audit the expenditures of funds appropriated for
purposes of this section. The use of the funds appropriated for
purposes of this section shall be verified as part of the district
audit under Section 44.008.
SECTION 3. Subchapter C, Chapter 29, Education Code, is
amended by adding Sections 29.092, 29.093, and 29.094 to read as
follows:
Sec. 29.092. CONSOLIDATED FUNDING FOR PROGRAMS AND SERVICES
FOR STUDENTS AT RISK OF DROPPING OUT OF SCHOOL. (a) In this
section, "student at risk of dropping out of school" has the meaning
described by Section 29.081.
(b) To enable school districts and open-enrollment charter
schools to provide supplemental programs and services for the
benefit of students at risk of dropping out of school, the
commissioner each school year shall award funds to a school
district or open-enrollment charter school in accordance with a
streamlined and simplified competitive grant process developed by
the commissioner and modeled on the application and reporting
requirements under Title I of the Elementary and Secondary
Education Act of 1965, as provided by Pub. L. No. 103-382, as those
requirements existed May 1, 2005.
(c) The commissioner shall consolidate funding from the
following currently funded programs and types of services,
excluding early childhood care and education programs and
accelerated reading or mathematics initiatives under Section
28.006, 28.007, or 28.0211:
(1) an optional extended year program under Section
29.082;
(2) a basic skills program for high school students
under Section 29.086;
(3) an accelerated reading or math initiatives program
under Section 28.006, 28.007, or 28.0211 for students of limited
English proficiency;
(4) a summer school program of instruction for
students of limited English proficiency;
(5) a Texas Grants to Reduce Academic Dropouts
program;
(6) a grant for pregnancy-related services, including
a pregnancy, education, and parenting program; and
(7) a grant to improve student achievement through the
investment capital fund program.
(d) A school district or open-enrollment charter school
that receives an award of funds under this section may use the funds
to provide academic and support services to students at risk of
dropping out of school, including:
(1) services designed to provide intensive academic
instruction to increase student success and high school completion;
(2) services designed to provide intensive academic
instruction for and reduce the dropout rate of students at risk of
dropping out of school;
(3) after-school academic and support services;
(4) intensive instruction for preschool and school–age
students of limited English proficiency;
(5) any academic or support services for pregnant or
parenting students, including basic instruction and health and life
skills training and support for pregnant or parenting students;
(6) community-based services designed to address the
needs of students at risk of dropping out of school;
(7) programs or services designed to promote the
involvement of parents of students at risk of dropping out of
school; and
(8) services or programs promoting school and
community collaboration to restructure schools for the successful
achievement of all students, especially students at risk of
dropping out of school.
(e) The agency shall provide research-based guidance to
districts and open-enrollment charter schools that successfully
implement the academic support services described by Subsection (c)
that assist students at risk of dropping out of school succeed in
school.
(f) Not later than November 1 of each year, a school
district or open-enrollment charter school may submit an
application for funding for programs or services under this
section. The school district or open-enrollment charter school
must include an assessment of needs for students at risk of dropping
out of school, a comprehensive plan for providing services for
those students based on the agency's research-based implementation
guidance provided under Subsection (e), and a report of all sources
of funding for providing services for those students. The
commissioner shall distribute an award of funds in the form of a
block grant not later than March 15 of each year.
Sec. 29.093. COST-OUTCOME ANALYSIS. (a) The agency and the
Legislative Budget Board shall jointly develop a cost-outcome
analysis methodology for use in assessing the effectiveness of
school districts and open-enrollment charter schools in providing
services for students at risk of dropping out of school, as
described by Section 29.081. The cost-outcome analysis methodology
developed under this section is subject to review and comment by the
state auditor.
(b) The methodology required by this section must include
the following components:
(1) a composite performance measure that combines key
indicators of student performance, disaggregated for students at
risk of dropping out of school;
(2) a format for reporting all state, federal, local,
and private sources of funding and total expenditures for
supplemental services for students at risk of dropping out of
school, reported by school district, by open-enrollment charter
school, and statewide;
(3) a benchmark ratio of the cost of a specified amount
of improvement in the composite performance measure, provided that
the ratio may vary by peer group or region; and
(4) a system for scoring and ranking school districts
and open-enrollment charter schools, including criteria for
establishing school district and open-enrollment charter school
peer groups for comparison purposes.
Sec. 29.094. BEST PRACTICES FOR AT-RISK STUDENT SERVICES.
(a) Not later than May 1, 2006, the agency shall:
(1) jointly develop the components of the cost-outcome
analysis methodology as provided by Section 29.093, including the
initial benchmark ratio for the cost of a specified amount of
improvement in the composite performance measure; and
(2) report the methodology and the benchmark ratio to
the Legislative Budget Board, the state auditor, the lieutenant
governor, the speaker of the house of representatives, and the
presiding officers of the standing committees of each house of the
legislature with primary jurisdiction over public education.
(b) Using the benchmark ratio and cost-outcome analysis
methodology developed under Subsection (a), the agency shall
perform a cost-outcome analysis to assess the effectiveness of
school districts and open-enrollment charter schools during the
2005-2006 school year in providing services to students at risk of
dropping out of school, as described by Section 29.081.
(c) Immediately following completion of the cost-outcome
analysis under Subsection (b), the commissioner shall:
(1) identify school districts and open-enrollment
charter schools that offered the most cost-effective services
during the 2005-2006 school year for students at risk of dropping
out of school, identify the factors and practices contributing to
those cost-effective services, and distribute information relating
to those factors and practices to each school district in the same
peer group for purposes of improvement during the 2006-2007 school
year;
(2) identify school districts and open-enrollment
charter schools that did not use funds effectively in providing
services for students at risk of dropping out of school during the
2005-2006 school year; and
(3) provide guidance and assistance to the school
districts identified under Subdivision (2) during the 2006-2007
school year to improve those services.
(d) This section expires September 1, 2008.
SECTION 4. Section 39.051(b), Education Code, as amended by
Chapters 433 and 805, Acts of the 78th Legislature, Regular
Session, 2003, is reenacted and amended to read as follows:
(b) Performance on the indicators adopted under this
section shall be compared to state-established standards. The
degree of change from one school year to the next in performance on
each indicator adopted under this section shall also be considered.
The indicators must be based on information that is disaggregated
by race, ethnicity, gender, [and] socioeconomic status, and a
student's status as a student at risk of dropping out of school, as
described by Section 29.081, and must include:
(1) the results of assessment instruments required
under Sections 39.023(a), (c), and (l), aggregated by grade level
and subject area;
(2) dropout rates, including dropout rates and
district completion rates for grade levels 9 through 12, computed
in accordance with standards and definitions adopted by the
National Center for Education Statistics of the United States
Department of Education;
(3) high school graduation rates, computed in
accordance with standards and definitions adopted in compliance
with the [federal] No Child Left Behind Act of 2001 (Pub. L. No.
107-110);
(4) student attendance rates;
(5) the percentage of graduating students who attain
scores on the secondary exit-level assessment instruments required
under Subchapter B that are equivalent to a passing score on the
assessment [test] instrument required under Section 51.3062
[51.306];
(6) the percentage of graduating students who meet the
course requirements established for the recommended high school
program by State Board of Education rule;
(7) the results of the Scholastic Assessment Test
(SAT), the American College Test (ACT), articulated postsecondary
degree programs described by Section 61.852, and certified
workforce training programs described by Chapter 311, Labor Code;
(8) the number and percentage of students at risk of
dropping out of school, the number and percentage of those students
who are administered each assessment instrument required under
Section 39.023, the number and percentage of those students who
perform satisfactorily on the assessment instruments, and the
results of those students, grouped by number and percentage, on the
assessment instruments, disaggregated by subject area and grade
level;
(9) the number and percentage of students, aggregated
by grade level, provided accelerated instruction under Section
28.0211(c), the results of assessments administered under that
section, the percentage of students promoted through the grade
placement committee process under Section 28.0211, the subject of
the assessment instrument on which each student failed to perform
satisfactorily, and the performance of those students in the school
year following that promotion on the assessment instruments
required under Section 39.023;
(10) [(9)] for students who have failed to perform
satisfactorily on an assessment instrument required under Section
39.023(a) or (c), the numerical progress of those students grouped
by number and percentage on subsequent assessment instruments
required under those sections, aggregated by grade level and
subject area;
(11) [(10)] the percentage of students exempted, by
exemption category, from the assessment program generally
applicable under this chapter; [and]
(12) [(11)] the percentage of students of limited
English proficiency exempted from the administration of an
assessment instrument under Sections 39.027(a)(3) and (4); and
(13) the percentage of students in a special education
program under Subchapter A, Chapter 29, assessed through assessment
instruments developed or adopted under Section 39.023(b).
SECTION 5. Section 39.051(d), Education Code, is amended to
read as follows:
(d) Annually, the commissioner shall define exemplary,
recognized, and unacceptable performance for each academic
excellence indicator included under Subsections (b)(1) through (7)
[(6)] and shall project the standards for each of those levels of
performance for succeeding years. For the indicators [indicator]
under Subsections (b)(8), (9), and (10) [Subsection (b)(7)], the
commissioner shall define exemplary, recognized, and unacceptable
performance based on student performance for the period covering
both the current and preceding academic years. In defining
exemplary, recognized, and unacceptable performance for the
indicators under Subsections (b)(2) and (4) [(3)], the commissioner
may not consider as a dropout or as a student who has failed to
attend school a student whose failure to attend school results
from:
(1) the student's expulsion under Section 37.007; and
(2) as applicable:
(A) adjudication as having engaged in delinquent
conduct or conduct indicating a need for supervision, as defined by
Section 51.03, Family Code; or
(B) conviction of and sentencing for an offense
under the Penal Code.
SECTION 6. Section 39.052(b), Education Code, is amended to
read as follows:
(b) The report card shall include the following
information:
(1) where applicable, the academic excellence
indicators adopted under Sections 39.051(b)(1) through (13) and
specifically including the indicators adopted under Sections
39.051(b)(8) and (9);
(2) average class size by grade level and subject;
(3) the administrative and instructional costs per
student, computed in a manner consistent with Section 44.0071; and
(4) the district's instructional expenditures ratio
and instructional employees ratio computed under Section 44.0071,
and the statewide average of those ratios, as determined by the
commissioner.
SECTION 7. Section 39.053(a), Education Code, is amended to
read as follows:
(a) Each board of trustees shall publish an annual report
describing the educational performance of the district and of each
campus in the district that includes uniform student performance
and descriptive information as determined under rules adopted by
the commissioner. The annual report must also include:
(1) campus performance objectives established under
Section 11.253 and the progress of each campus toward those
objectives, which shall be available to the public;
(2) the performance rating for the district as
provided under Section 39.072(a) and the performance rating of each
campus in the district as provided under Section 39.072(c);
(3) the district's current special education
compliance status with the agency;
(4) a statement of the number, rate, and type of
violent or criminal incidents that occurred on each district
campus, to the extent permitted under the Family Educational Rights
and Privacy Act of 1974 (20 U.S.C. Section 1232g);
(5) information concerning school violence prevention
and violence intervention policies and procedures that the district
is using to protect students; [and]
(6) the findings that result from evaluations
conducted under the Safe and Drug-Free Schools and Communities Act
[of 1994] (20 U.S.C. Section 7101 et seq.) and its subsequent
amendments; [and]
(7) information received under Section 51.403(e) for
each high school campus in the district, presented in a form
determined by the commissioner; and
(8) the district's composite performance measure of
progress in serving students at risk of dropping out of school and
the results of the district's cost-outcome analysis, computed using
the cost-outcome analysis methodology under Section 29.093(b)(1),
to assess district effectiveness in serving students at risk of
dropping out of school, as described by Section 29.081.
SECTION 8. Sections 39.072(b) and (c), Education Code, are
amended to read as follows:
(b) The academic excellence indicators adopted under
Sections 39.051(b)(1) through (9) [(7)] and the district's current
special education compliance status with the agency shall be the
main considerations of the agency in the rating of the district
under this section. Additional criteria in the rules may include
consideration of:
(1) compliance with statutory requirements and
requirements imposed by rule of the State Board of Education under
specific statutory authority that relate to:
(A) reporting data through the Public Education
Information Management System (PEIMS);
(B) the high school graduation requirements
under Section 28.025; or
(C) an item listed in Sections
7.056(e)(3)(C)-(I) that applies to the district;
(2) the effectiveness of the district's programs for
special populations; [and]
(3) the cost-effectiveness of the district's services
for students at risk of dropping out of school, as described by
Section 29.081; and
(4) the effectiveness of the district's career and
technology programs.
(c) The agency shall evaluate against state standards and
shall, not later than August 1 of each year, report the performance
of each campus in a district and each open-enrollment charter
school on the basis of the campus's performance on the indicators
adopted under Sections 39.051(b)(1) through (9) [(7)].
Consideration of the effectiveness of district programs under
Subsection (b)(2) or (4) [(3)] must be based on data collected
through the Public Education Information Management System for
purposes of accountability under this chapter and include the
results of assessments required under Section 39.023.
SECTION 9. Sections 39.073(a) and (b), Education Code, are
amended to read as follows:
(a) The agency shall annually review the performance of each
district and campus on the indicators adopted under Sections
39.051(b)(1) through (9) [(7)] and determine if a change in the
accreditation status of the district is warranted. The
commissioner may determine how all indicators adopted under Section
39.051(b) may be used to determine accountability ratings and to
select districts and campuses for acknowledgment.
(b) Each annual review shall include an analysis of the
indicators under Sections 39.051(b)(1) through (7) [(6)] to
determine district and campus performance in relation to:
(1) standards established for each indicator;
(2) required improvement as defined under Section
39.051(c); and
(3) comparable improvement as defined by Section
39.051(c).
SECTION 10. Section 39.074(e), Education Code, is amended
to read as follows:
(e) If an annual review indicates low performance on one or
more of the indicators under Sections 39.051(b)(1) through (9)
[(7)] of one or more campuses in a district, the agency may conduct
an on-site evaluation of those campuses only.
SECTION 11. Section 39.182(a), Education Code, is amended
to read as follows:
(a) Not later than December 1 of each year, the agency shall
prepare and deliver to the governor, the lieutenant governor, the
speaker of the house of representatives, each member of the
legislature, the Legislative Budget Board, the state auditor, and
the clerks of the standing committees of the senate and house of
representatives with primary jurisdiction over the public school
system a comprehensive report covering the preceding school year
and containing:
(1) an evaluation of the achievements of the state
educational program in relation to the statutory goals for the
public education system under Section 4.002;
(2) an evaluation of the status of education in the
state as reflected by the academic excellence indicators adopted
under Section 39.051;
(3) a summary compilation of overall student
performance on academic skills assessment instruments required by
Section 39.023 with the number and percentage of students exempted
from the administration of those instruments and the basis of the
exemptions, aggregated by grade level, subject area, campus, and
district, with appropriate interpretations and analysis, and
disaggregated by race, ethnicity, gender, [and] socioeconomic
status, and a student's status as a student at risk of dropping out
of school, as defined by Section 29.081;
(4) a summary compilation of overall performance of
students placed in a disciplinary [an] alternative education
program established under Section 37.008 on academic skills
assessment instruments required by Section 39.023 with the number
of those students exempted from the administration of those
instruments and the basis of the exemptions, aggregated by
district, grade level, and subject area, with appropriate
interpretations and analysis, and disaggregated by race,
ethnicity, gender, [and] socioeconomic status, and a student's
status as a student at risk of dropping out of school, as defined by
Section 29.081;
(5) a summary compilation of the progress [overall
performance] of students at risk of dropping out of school, as
defined by Section 29.081(d), including the composite performance
measure for at-risk students developed under Section 29.093(b)(1)
and information described by the academic excellence indicators
under Sections 39.051(b)(8)-(10), provided statewide and
aggregated by district, on academic skills assessment instruments
required by Section 39.023 and any other assessment instrument
required by the commissioner [with the number of those students
exempted from the administration of those instruments and the basis
of the exemptions, aggregated by district, grade level, and subject
area], with appropriate interpretations and analysis, and
disaggregated by race, ethnicity, gender, and socioeconomic
status;
(6) a summary analysis, provided statewide and by
district, of the cost-effectiveness of the district or
open–enrollment charter school in providing services to students at
risk of dropping out of school, as described by Section 29.081, as
measured by the cost-outcome analysis methodology developed under
Section 29.093;
(7) an evaluation of the correlation between student
grades and student performance on academic skills assessment
instruments required by Section 39.023;
(8) [(7)] a statement of the dropout rate of students
in grade levels 7 through 12, expressed in the aggregate and by
grade level, and a statement of the completion rates of students for
grade levels 9 through 12;
(9) [(8)] a statement of:
(A) the completion rate of students who enter
grade level 9 and graduate not more than four years later;
(B) the completion rate of students who enter
grade level 9 and graduate, including students who require more
than four years to graduate;
(C) the completion rate of students who enter
grade level 9 and not more than four years later receive a high
school equivalency certificate;
(D) the completion rate of students who enter
grade level 9 and receive a high school equivalency certificate,
including students who require more than four years to receive a
certificate; and
(E) the number and percentage of all students who
have not been accounted for under Paragraph (A), (B), (C), or (D);
(10) [(9)] a statement of the projected
cross-sectional and longitudinal dropout rates for grade levels 9
through 12 for the next five years, assuming no state action is
taken to reduce the dropout rate;
(11) [(10)] a description of a systematic, measurable
plan for reducing the projected cross-sectional and longitudinal
dropout rates to five percent or less for the 1997-1998 school year;
(12) [(11)] a summary of the information required by
Section 29.083 regarding grade level retention of students and
information concerning:
(A) the number and percentage of students
retained; and
(B) the performance of retained students on
assessment instruments required under Section 39.023(a);
(13) [(12)] information, aggregated by district type
and disaggregated by race, ethnicity, gender, [and] socioeconomic
status, and a student's status as a student at risk of dropping out
of school, as described by Section 29.081, on:
(A) the number of students placed in a
disciplinary [an] alternative education program established under
Section 37.008;
(B) the average length of a student's placement
in a disciplinary [an] alternative education program established
under Section 37.008;
(C) the academic performance of students on
assessment instruments required under Section 39.023(a) during the
year preceding and during the year following placement in a
disciplinary [an] alternative education program; and
(D) the dropout rates of students who have been
placed in a disciplinary [an] alternative education program
established under Section 37.008;
(14) [(13)] a list of each school district or campus
that does not satisfy performance standards, with an explanation of
the actions taken by the commissioner to improve student
performance in the district or campus and an evaluation of the
results of those actions;
(15) [(14)] an evaluation of the status of the
curriculum taught in public schools, with recommendations for
legislative changes necessary to improve or modify the curriculum
required by Section 28.002;
(16) [(15)] a description of all funds received by and
each activity and expenditure of the agency;
(17) [(16)] a summary and analysis of the
instructional expenditures ratios and instructional employees
ratios of school districts computed under Section 44.0071;
(18) [(17)] a summary of the effect of deregulation,
including exemptions and waivers granted under Section 7.056 or
39.112;
(19) [(18)] a statement of the total number and length
of reports that school districts and school district employees must
submit to the agency, identifying which reports are required by
federal statute or rule, state statute, or agency rule, and a
summary of the agency's efforts to reduce overall reporting
requirements;
(20) [(19)] a list of each school district that is not
in compliance with state special education requirements,
including:
(A) the period for which the district has not
been in compliance;
(B) the manner in which the agency considered the
district's failure to comply in determining the district's
accreditation status; and
(C) an explanation of the actions taken by the
commissioner to ensure compliance and an evaluation of the results
of those actions;
(21) [(20)] a comparison of the performance of
open-enrollment charter schools and school districts on the
academic excellence indicators specified in Section 39.051(b) and
accountability measures adopted under Section 39.051(g), with a
separately aggregated comparison of the performance of
open-enrollment charter schools predominantly serving students at
risk of dropping out of school, as defined by Section 29.081(d),
with the performance of school districts; and
(22) [(21)] any additional information considered
important by the commissioner or the State Board of Education.
SECTION 12. Section 39.203(b), Education Code, is amended
to read as follows:
(b) The annual financial management report must include:
(1) a description of the district's financial
management performance based on a comparison, provided by the
agency, of the district's performance on the indicators adopted
under Section 39.202(b) to:
(A) state-established standards; and
(B) the district's previous performance on the
indicators; [and]
(2) the district's composite performance measure and
results of the district's cost-outcome analysis provided by the
agency as computed under the cost-outcome analysis methodology
under Section 29.093 for students at risk of dropping out of school,
as described by Section 29.081; and
(3) any descriptive information required by the
commissioner.
SECTION 13. Not later than the 2005-2006 school year, the
Texas Education Agency shall include, in evaluating the performance
of school districts, campuses, and open-enrollment charter schools
under Subchapter D, Chapter 39, Education Code, performance data
beginning with the 2004-2005 school year for students at risk of
dropping out of school, as described by Section 29.081, Education
Code, for purposes of Section 39.051(b)(8), Education Code, as
added by this Act.
SECTION 14. Except as otherwise provided, this Act applies
beginning with the 2005-2006 school year.
SECTION 15. This Act takes effect September 1, 2005.